In re the Estate of Amuso

John D. Bennett, S.

In this proceeding to revoke letters of administration and for an accounting, the defense consists of two general releases obtained from Frank Stella, the petitioner. A preliminary hearing has been held to determine the validity of these releases.

The basic problem clearly presented here is the necessity of reconciling two important requirements governing the conduct *937of representatives. On the one hand, there is the salutary rule that private settlements between fiduciaries and beneficiaries should be encouraged by the courts; on the other, the requirement that a fiduciary…